CHRISTOPHER E. LOZIER
STATE OF MISSISSIPPI
OF JUDGMENT: 05/15/2018
RIVER COUNTY CIRCUIT COURT HON. ANTHONY ALAN MOZINGO TRIAL
ATTORNEYS: HALDON J. KITTRELL, LORA ELIZABETH HUNTER, VICKI
ATTORNEY FOR APPELLANT: VICKI L. GILLIAM
ATTORNEY FOR APPELLEE: LORA ELIZABETH HUNTER
KITCHENS, P.J., BEAM AND ISHEE, JJ.
Christopher Lozier appeals from the Pearl River County
Circuit Court's order denying his petition to relieve him
of the duty to register under the Mississippi Sex Offender
Registry Law (MSORL). Lozier claims the trial court
misinterpreted Mississippi Code Section 45-33-47 as applied
to him. Lozier also claims that the MSORL is unconstitutional
because it violates ex post facto laws of the federal and
state constitutions, constitutes cruel and unusual punishment
under both constitutions, violates the Privileges and
Immunities Clause of the Fourteenth Amendment to the United
States Constitution, and violates the Full Faith and Credit
Clause found in Ariticle IV, Section 1, of the United States
Constitution, and in Mississippi Code Sections 11-7-301
We affirm the trial court's order denying Lozier's
The facts are not in dispute. Lozier currently resides in
Carriere, Mississippi. In September 1992, he was tried for
rape in Massachusetts. Following a mistrial, Lozier pleaded
guilty in March 1993 to one count of indecent assault and
battery upon a person over the age of fourteen.
Lozier received a suspended sentence of four to five years,
and he was placed on probation for three years. Lozier was
discharged from probation by court order in May 1996. As
required by Massachusetts law, Lozier began registering as a
sex offender in Massachusetts in 1997.
Lozier moved to Mississippi in 2006 to work in construction.
As required by Mississippi law, Lozier began registering with
Mississippi Sex Offender Registry (Registry). Lozier has
complied with the MSORL's registration requirements since
On April 24, 2017, Massachusetts' Sex Offender Registry
Board notified Lozier, by letter, that he no longer had a
duty to register in Massachusetts under Massachusetts General
Laws Chapter 6, Section 178G (West, Westlaw through Ch. 88 of
2019 1st Annual Sess.), declared unconstitutional on
other grounds by Doe v. Sex Offender Registry Bd., 102
N.E.3d 950 (Mass. 2018). This section expressly allows a sex
offender required to register to cease registering after
twenty years from the date of conviction, adjudication, or
release from custody or supervision, whichever occurs last.
On November 28, 2017, Lozier filed a petition in the Pearl
River County Circuit Court seeking relief from the
MSORL's registration requirements under the full faith
and credit given to foreign orders under the federal
constitution and Mississippi Code Section 11-7-301 to -309
(Rev. 2019). The State filed a response objecting to
A hearing was held on May 7, 2018, after which the trial
court entered an order denying Lozier's petition. The
trial court found that even though Lozier is no longer
required to register in Massachusetts, he still must register
The trial court found that, according to Section 45-33-47,
"[r]egistration in any other jurisdiction does not
reduce the minimum time requirement for maintaining
registration in Mississippi." Miss. Code Ann. §
45-33-47(2)(a) (Rev. 2015). According to the trial court, the
meaning of this language is clear: "It does not matter
how long Lozier had been registered under the laws of
Massachusetts[; w]hen [Lozier] moved to Mississippi in 2006,
that was when 'the clock' began on the time he must
register as a sex offender in Mississippi."
The trial court did not reach the question of which
"tier" Lozier's crime would fall under. The
trial court opined, however, that even if the crime fell
under tier one, Section 45-33-47 would require registration
in Mississippi until the year 2021 (fifteen years from
Lozier's first registration in Mississippi in 2006).
Thus, according to the trial court, Lozier's petition is
at least three years premature.
At the outset, the only constitutional claim Lozier raised in
the trial court is that Mississippi is required to give full
faith and credit to his having been relieved by Massachusetts
of the duty to register as a sex offender in that state. For
the first time on appeal, Lozier asserts new constitutional
claims. These new claims, however, are barred from review and
will not be considered in this appeal. See Wright v.
Wright, 693 So.2d 898, 903 (Miss. 1997) (declining to
entertain on appeal a new theory of ...